HBA-RBT H.B. 3813 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3813
By: Kuempel
Natural Resources
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Natural Resources Conservation Commission (TNRCC) designated the
Hill Country Priority Groundwater Management Area, which includes western
Comal County and surrounding counties, in 1990 due to concerns that the
Trinity Aquifer would not have the yield to meet the projected use and
demand. To protect critical groundwater resources, TNRCC recommended
creation of groundwater management districts in counties served by the
Trinity Aquifer.  H.B. 3813 establishes the creation of the Comal County
Groundwater Management District.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. CREATION. Creates the Comal County Groundwater Management
District (district) 
subject to approval at a confirmation election. Provides that the district
is a governmental agency and a body politic and corporate. Establishes that
the district is created under and is essential to accomplish the purposes
of Section 59, Article XVI, Texas Constitution. 

SECTION 2. DEFINITIONS. Defines "district."

SECTION 3. BOUNDARIES. Establishes that the boundaries of the district are
coextensive with that part of Comal County located within the Hill Country
Priority Groundwater Management Area. 

SECTION 4. FINDING OF BENEFIT. Sets forth findings of benefit for all of
the land and property 
within the district's boundaries.

SECTION 5. POWERS. Sets forth rights, powers, privileges, authority,
functions, and duties of the 
district.

SECTION 6. BOARD OF DIRECTORS. Provides that the district is governed by a
board of five 
directors. Requires the commissioners court to appoint a director to serve
the remainder of the term, if a vacancy occurs in the office of director.
Establishes that the temporary directors are appointed and become the
initial directors of the district, if creation of the district is
confirmed. Sets forth conditions regarding the directors qualifications and
term lengths. 

SECTION 7. TEMPORARY DIRECTORS. Establishes the method for the appointment
of a temporary director by the Comal County Commissioners Court. 

SECTION 8. CONFIRMATION ELECTION. Requires the temporary board of directors
to call and 
hold an election to confirm establishment of the district. Provides that
Section 41.001(a), Election Code, does not apply to a confirmation election
held as provided by this section. Sets forth conditions regarding an
election for the creation of the district. 

SECTION 9. ELECTION OF DIRECTORS. Sets forth the method of election and
length of term for the directors. 
 
SECTION 10. ADDITIONAL POWERS. Authorizes the district to contract with one
or more state 
agencies or other governmental bodies to carry out any function of the
district. Sets forth conditions for engagement in and promotion of land
treatment measures for soil conservation and improvement. 
Authorizes the district to prepare and implement a plan for the control and
management of brush within the district. 

SECTION 11. PROHIBITED ACTS. Prohibits the district from granting certain
rights in or to 
underground water located in the district. Prohibits the district from
assessing an ad valorem property tax that exceeds three cents on each $100
valuation of taxable property in the district. Prohibits the district from
requiring the owner of a well drilled before the effective date and used
solely for domestic and livestock purposes to install a meter device on the
well. 

SECTION 12. EXEMPT WELLS. Sets forth provisions regarding wells that are
and wells that qualify. 

SECTION 13. PUBLIC WATER SUPPLY WELLS. Sets forth certain conditions
regarding public 
water supplies that are exempt from regulation by the district. Provides
that a public water supply well is subject to the district's prohibition of
waste of underground water. Establishes that a district construction or
operating permit is not required for a public water supply well approved by
the commission. Sets forth requirements for any fee paid by a retail public
utility to the district. 

SECTION 14. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Sets forth
findings 
related to procedural requirements.

SECTION 15. EFFECTIVE DATE. Effective date: September 1, 1999.

SECTION 16. EMERGENCY. Emergency clause.